RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 March 2008
	DOCKET NUMBER:  AR20070017312 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Ms. Yolanda Maldonado

Member

Mr. Edward E. Montgomery

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the Purple Heart.

2.  The applicant states that he earned and was awarded the Purple Heart but it was not listed on his records.

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), dated 11 August 1945.

	b.  Excerpt of an undated newspaper article with a photograph of a U.S. Senator presenting the Purple Heart to the applicant.

	c.  U.S. Army Reserve Personnel Center, St. Louis, Missouri, Letter, dated 28 October 1991, authorizing the applicant award of the Purple Heart. 

	d.  Two Letters, dated 10 October 1991 and 5 November 1991, from a U.S. Senator to the applicant, regarding award of the Purple Heart.

	e.  DA Form 1577 (Authorization for Issuance of Awards), dated 28 October 1981.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  The applicant's complete military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, those remaining documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he enlisted in the Regular Army on 21 April 1943 and entered active duty on 28 April 1943 in military occupational specialty (MOS) 864 (Cannoneer).  This form also shows that he was assigned to Battery B, 720th Field Artillery Battalion.

4.  The applicant's WD AGO Form 53-55 further shows he served in the European-African-Middle Eastern (EAME) Theater during the period 22 January 1945 through 30 April 1945.

5.  The applicant's WD AGO Form 53-55 shows he completed 1 year, 11 months, and 17 days of continental service and 4 months and 4 days of foreign service.  He was honorably separated on 11 August 1945.

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows the entry "None."

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Good Conduct Medal and the European-African-Middle Eastern Campaign Medal.  Item 33 does not show award of the Purple Heart.

8.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "None."

9.  The applicant's record does not contain General Orders awarding him the Purple Heart. 

10.  The applicant’s Medical Department Form 55F (Progress Notes), dated 4 February 1945, shows that the applicant suffered mild to severe frost bite in both feet following exposure to wet and cold in St. Valerie, France, on 27 January 1945.  He was evacuated to the 179th General Hospital in England on 15 March 1945 and was subsequently transferred to Brooke General Hospital, Fort Sam Houston, Texas, on 22 May 1945 with a diagnosis of "frost bite, bilateral feet, moderate, with vasomotor persistent."  He was treated and given time to heal while on convalescent leave. 
11.  On 28 October 1991, by letter, the U.S. Army Reserve Personnel Center, St. Louis, Missouri, informed the applicant that a review of his medical and clinical records showed he was hospitalized for frostbitten feet and that he met the criteria for entitlement to award of the Purple Heart.

12.  On an unknown date in 1992, a local Oshkosh, Wisconsin newspaper, The Northwestern, published an article titled "Purple Heart better late… Vet receives award after 47 years."  The newspaper article also displayed a photograph of a U.S. Senator presenting the applicant with his "long-overdue Purple Heart award."

13.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action

14.  Army Regulation 672-5-1 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have been treated by military medical 
personnel, and the medical treatment must have been made a matter of official records.  

15.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.

16.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his AG AGO Form 53-55.

17. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

18. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

19.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, shows that the 720th Field Artillery Battalion was credited with participation in two campaigns during WWII: Central Europe (22 March 1945 to 11 May 1945) and the Rhineland (15 September 1944 to 21 March 1945).

20.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Table B-1 of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the European-African-Middle Eastern Campaign Medal. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart.

2.  The applicant's records contain sufficient evidence showing that he suffered frost bite in both feet on 27 January 1945 while serving in France during WWII,  was treated by military medical personnel, and his medical treatment was made a matter of official records.  Therefore, he is entitled to correction of his records to show award of the Purple Heart.

3.  Evidence of record shows that the applicant served a qualifying period for award of the American Campaign Medal and the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show these awards.  

4.  Evidence of record shows that the applicant's unit of assignment was credited with participation in two campaigns (Central Europe and Rhineland) during WWII. 

Therefore, he is entitled to correction of his records to show participation of the two campaigns and two bronze service stars to be worn on his European-African-Middle Eastern Campaign Medal.

BOARD VOTE:

__slp___  __ym____  __eem___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Purple Heart for injuries received in action on 27 January 1945 during his service in World War II; 

	b.  adding Central Europe and Rhineland campaign participation in Item 32 of his WD AGO Form 53-55, dated 11 August 1945; and 

	c.  showing award of the Purple Heart, the American Campaign Medal, the World War II Victory Medal, and two bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.



						Shirley L. Powell
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.